I left the U.S. last year and was told by a consular officer that I was not eligible for a waiver until 5 years from when I left. I want to buy a business and get E-2 visa but want to first enter on B-1 to set up bank account and purchase business.I entered illegally and have no criminal history. That is why I received the 10 year ban. Would purchasing a profitable business help my chances?
Without knowing more about your immigration history it is difficult to make an assessment. You are subject to a ten-year ban, and possible a five-year ban, so it would be at least ten years unless a waiver was granted. Whether you would qualify for a waiver cannot be assessed. This is a matter that is really best discussed in a consultation.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.
The fact that you are barred from applying from a visa complicates matters It possible that you will be denied after the bar is served outside the U. S., as well. A person's visa record often complicates matters. It is true that you can try to apply for a 212(d)(3) waiver in addition to other options. This does not mean that this waiver will be approved as a matter of discretion. In addition, it can take a bit of time and effort on the part of an attorney who actually does enough work to support the claim. Many potential clients prefer not to pay for, when there is a good possibility that there may be a denial 'without further information.'
I strongly recommend a teleconference with a competent and experienced immigration attorney instead of looking for quick answers and questionable assurances. You have to decide whether the effort has enough value to you.
This is general information, not legal advice, and does not create an attorney client relationship.
That will all depend on your particular facts and circumstances, which are not available here, such as the reason for the inadmissibility bar(s), whether for 5 or 10 years and whether any waiver is available to you before that, and most importantly whether based on your past immigration (and perhaps criminal conviction) history it would be reasonable to expect that you have a good chance of a waiver being approved.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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